Changes to the Subclass 457 Business (Long Stay) visa
- As of the 1st July 2009 there will be an increase to the minimum salary level and will apply to all new and existing subclass 457 visa holders. Please see table below, for example if you are currently getting paid $43 440 per year as of the 1st of July you will have an increase in pay and your new salary will be $45 220 per year. Visa holders on an annual salary of $39,100.00 per year (+ 9% superannuation) will have an increase to $40,705.00 per year (+ 9% superannuation). If you are paid above the MSL then any increase in salary can be absorbed by this new rate first.
Minimum Salary Levels (MSL) – Subclass 457
MSL Instrument Period of Effect MSL Occupation Category MSL prior to 1 July 2009 MSL from 1 July 2009
Non-ICT $43 440 $45 220
Regionally-certified (non-ICT) $39 100 $40 705
Regionally-certified (ICT) $53 530 $55 725
ICT $59 480 $61 920
English language exemption (from 10/09/07 only) $77 850 $81 040
However there are conditions:
If you have an active labour agreement, any MSL increases are subject to the terms of that agreement.
The MSL in all cases is based on a 38-hour week. This change includes the 38-hour week arrangement to all visa holders who were approved prior to 1 July 2006.
No allowances (such as Living Away From Home Allowance) or bonuses can be included in the MSL.
No salary-packaged items or deductions are allowed from the MSL, other than:
• Pay As You Go (PAYG) tax withholding amounts; and
• Amounts that are 100 per cent tax deductible for the sponsored worker or otherwise exempt from Fringe Benefits Tax (FBT).
All sponsors are legally obliged to adhere to these requirements.
Further changes:
- As of mid September there will be yet another salary change for Subclass 457 visa holders and the current MSL will be replaced by “market based minimum salary” for all 457 Visa holders to bring the 457 visa MSL in line with that which is paid to Australians doing the same job. We are unsure how to interpret this departmental statement. As soon as further information comes to hand, we will advise you.
- New 457 visa applicants (from certain countries) will be required to undergo a formal skills assessment, more information on this assessment will be made available when we know more.
- The IELTS requirement has been increased to an average band score of (minimum)5 or greater (depending on occupation and licensing/registration requirements) for all Subclass 457 visa applications lodged on or after 14th April 2009.
- All employers will need to contact the Department of Immigration & Citizenship (DIAC) to put a labour agreement in place if they wish to employ 457 visa holders in the ASCO 5-7 occupations in the future. Consequently the 457 visa holders in ASCO 5-7 occupations would not be able to work unless a labour agreement is place in the future. Note that this does not address the issues that have affected a small number of visa applicants who are awaiting decisions on their lodged applications.
- Employers will need to show evidence and put in place a training strategy/plan for Australian employees and permanent residents employed within the company.
- Sponsors will need to have a strong record of, or a demonstrated commitment to, employing Australian permanent residents, non-discriminatory employment practices will be introduced soon.
Quelle: mein Immigration Agent